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HomeMy WebLinkAbout2020-05-13 PC Meeting MinutesPLANNING COMMISSION MINUTES CITY OF PALM SPRINGS, CALIFORNIA May 13, 2020 Council Chamber, City Hall 3200 East Tahquitz Canyon Way, Palm Springs, California CALL TO ORDER: Chair Weremiuk called the meeting to order at 5:31 pm. ROLL CALL: Present: Donenfeld, Ervin, Hirschbein, Lewin, Song, Vice Chair Moruzzi, Chair Weremiuk Staff Present: Planning Director Fagg, AICP, Attorney Priest, Administrative Coordinator Hintz, Associate Planner Mlaker, Assistant Planner Perez REPORT OF POSTING OF AGENDA: The Agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 6:00 pm on Thursday, May 7, 2020. ACCEPTANCE OF THE AGENDA: The Agenda was accepted, as presented. PUBLIC COMMENTS: Chair Weremiuk opened public comments: ERIC TRABERT, project architect, Item 413, stated that they revised the plans according to the AAC comments and was available for questions. ALAN JANISCH, project manager, Toll Brothers, Item 4A, provided details on the proposed signage and was available for questions. The public comment portion of the meeting was closed. 1. CONSENT CALENDAR: 1A. APPROVAL OF MINUTES: MARCH 25, 2020 AND APRIL 8, 2020 Song, seconded by Lewin to approve minutes, as presented. (Noting Commissioners Donenfeld, Hirschbein and Lewin abstained on the minutes of April 8, 2020.) AYES: DONENFELD, ERVIN, HIRSCHBEIN, LEWIN, SONG, MORUZZI, WEREMIUK 2. PUBLIC HEARINGS: Planning Commission Minutes May 13, 2020 City of Palm Springs 2A. NEW CHURCH II, LLC FOR A TIME EXTENSION OF THE ENTITLEMENTS TO RENOVATE THE EXISTING HISTORIC COMMUNITY CHURCH AND ORCHID TREE INN FOR ADAPTIVE RE -USE, AND DEMOLISH PORTIONS OF THE SITE FOR THE CONSTRUCTION AND OPERATION OF A HOTEL WITH ACCESSORY SPA, RESTAURANT AND MEETING SPACE ON A 3.1-ACRE SITE LOCATED AT 222 SOUTH CAHUILLA ROAD, ZONE R-3, SECTION 15 (CASE 5.1345 CUP, HSPB 23, HSPB 72 & 3.0678 MAJ). (DN) (CONTINUED FROM THE 3/25/20 MEETING) Hirschbein, seconded by Song to continue to date certain of July 8, 2020. AYES: DONENFELD, ERVIN, HIRSCHBEIN, LEWIN, SONG, MORUZZI, WEREMIUK 2B. STEVE AGUILAR (PROPERTY OWNER) ON BEHALF OF NATURES HEALING PRODUCTS LLC, FOR A CONDITIONAL USE PERMIT (CUP) TO OPERATE A 4,150-SQUARE FOOT CANNABIS MANUFACTURING (TYPE 7 — VOLATILE EXTRACTION), TRANSPORTATION AND DISTRIBUTION FACILITY WITHIN TWO UNITS OF A 13-UNIT INDUSTRIAL BUILDING LOCATED AT 1251 MONTALVO WAY, UNITS H & I, ZONE M-1-P, SECTION 7 (CASE 5.1485 CUP). (GM) Associate Planner Mlaker provided an overview on the proposed cannabis manufacturing, transportation and distribution facility as outlined in the staff report. JAY TAKACS, City's odor consultant, stated that they found this project complies with the existing requirements and substantially complies with the new standards that were recently adopted. He verified that the application conforms to the odor control requirement and was available for questions from the Commission. VERONICA GOEDHART, Special Program Compliance, addressed questions pertaining to compliance. Chair Weremiuk opened the public hearing: MICHAEL COFONE, applicant, provided a PowerPoint presentation that reviewed the safety rooms, extraction units, solvent substance storage, operation and safety and odor control plan. STEVEN CAVARNO, Natures Healing, CEO, provided details about the company, staff and odor control plan. 2 Planning Commission Minutes May 13, 2020 City of Palm Springs ARDINE THOMPSON, Escena Neighborhood Organization, chairperson, spoke in opposition of the proposed cannabis manufacturing (Type 7, volatile extraction). She expressed concern with the chemical volatility and cannabis odors to the neighborhood. STEVE AGUILAR, said this building has had a substantial amount of upgrades done to it. He pointed out that this project is highly governed by the fire department in regards to the volatility of the chemicals and manufacturing aspect. He believes they have exceeded the current guidelines. ALANNE TURINA, Escena resident, spoke in opposition to the Type 7 volatile extraction cannabis grow manufacturing facility. She think it's too close to the residential neighborhoods and schools with the dangers associated with such volatility. She said if project is approved she would like to have conditions be imposed: thorough review, enforcement and periodic inspections. ADAM SCHINDEL, applicant rebuttal, on -site operations manager, said that he'll be overseeing productivity, quality, maintenance, inventory and overall safety of the facility. He provided details about his experience in the field and was available for questions from the Commission. Vice Chair Moruzzi noted that the City Council made the decision to allow these types of operations to be grandfathered in. According to the Planning Director, they need to follow the zoning and ordinance that existed at this time. Vice Chair Moruzzi said that he's comfortable that the odor consultant's expertise is sufficient and the box within a box construction and odors will be contained. In regard to volatile chemicals, it's the fire department's job to review the plans to ensure that explosions don't happen and/or are contained. He does not see under what circumstances they could deny this project. Commissioner Donenfeld said he concurred with Vice Chair Moruzzi. He thinks this applicant has done a good job of mitigating the potential odor issues. With respect to the volatility of the chemicals and potential safety issues they must rely on the Fire Department to ensure all regulations are in place. Commissioner Song concurred and is interested in adding conditions regarding on -going inspections and accountability. She questioned how they would ensure that the building is running properly given the COVID-19 challenges. Commissioner Hirschbein stated that he does not have any concerns with volatility and thinks the Fire Department is well -staffed. He noted concern with there being adequate staffing to provide enforcement pertaining to odor control. He does not think it's effective to refer after-hours complaint calls to a non -emergency police phone number and it would leave a gap. He would consider voting in opposition of this project given this concern. 3 Planning Commission Minutes May 13, 2020 City of Palm Springs Commissioner Ervin concurred with Vice Chair Moruzzi and Commissioner Donenfeld given City Council's grandfathering-in of existing cannabis projects. Commissioner Lewin understands the resident concerns with the concept of grandfathering-in cannabis projects but the City Council has written the new policy. He pointed -out that in this case it's clear that the applicant meets the date requirements, is grandfathered in and is fair use of the property. He noted that the City, the law and the odor control consultant agrees that it conforms. He thinks the issue of enforcement is not within their purview but rather it's up to the City Council and City Manager to update the resources to ensure compliance with this type of business. He will be voting in favor of the project. Chair Weremiuk said she will be voting in opposition of this project because she cannot make the second finding that this is necessary and appropriate in this location. She noted concern about the volatility given the adjacency to the project. She agrees that the enforcement aspect is not within their purview but knows there is no enforcement after midnight until 8 am. Associate Planner Mlaker directed the Commission to Conditions of Approval #12 pertaining to periodic inspections. Donenfeld, seconded by Moruzzi to approve with amended condition: 1. Revise PLN Condition #12 to include a one -month inspection. AYES: DONENFELD, ERVIN, LEWIN, SONG, MORUZZI NOES: HIRSCHBEIN, WEREMIUK A recess was taken 7:18 pm. The meeting resumed at 7:31 pm 2C. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO ESTABLISH REQUIREMENTS FOR THE PROVISION OF EV (ELECTRIC VEHICLE) CHARGING STATIONS (CASE 5.1505 ZTA). (FF) Planning Director Fagg provided an overview on the proposed zone text amendment in reference to establishing requirements for electric charging stations as outlined in the staff report. The Commission requested clarification on the charging parking stations, handicap spaces, requirements for renovations, single-family subdivisions pre -wiring, tenant request for installation, equipment costs and leasing programs and retrofitting. Chair Weremiuk opened the public hearing and with no speakers coming in queue to speak the public hearing was closed. 4 Planning Commission Minutes May 13, 2020 City of Palm Springs Commissioner Lewin thinks his fellow Commissioners have excellent suggestions and is in favor of moving forward. However, they overregulate and create unintended consequences with an industry or community backlash. He supports the staff recommendation as it's written and would like to see how it plays out in the next 12 to 18 months. Vice Chair Moruzzi does not think it's too onerous and is appropriate if an apartment tenant buys an electric car and is willing to pay the cost of the installation without having the property owner prohibit it. Commissioner Lewin does not think they understand the implications of mandating the property owner to allow it given the lack of unassigned parking spaces. Commissioner Donenfeld concurred with Commissioner Lewin that they don't know the consequences it'll create within older existing multi -family buildings and supports staff's recommendation. Chair Weremiuk spoke in favor of allowing the charging stations for tenant assigned parking spaces. Commissioner Hirschbein spoke in support of allowing a condominium owner or tenant to retrofit with the cost burden to the resident. Lewin, seconded by Moruzzi to recommend approval to City Council with added condition: 1. Review in six (6) months on the effectiveness of the ordinance and at that time discuss allowing tenants of existing apartment and condominium complexes to install EV charging stations at their own expense. AYES: DONENFELD, ERVIN, HIRSCHBEIN, LEWIN, SONG, MORUZZI, WEREMIUK 3. UNFINISHED BUSINESS: NONE. 4. NEW BUSINESS: 4A. TOLL BROTHERS, FOR A SIGN DISTRICT APPLICATION, TO INSTALL TWO PERMANENT ENTRY SIGNS, TWENTY-EIGHT TEMPORARY SIGNS AND SIX TEMPORARY FLAGPOLE SIGNS WITHIN THE CODY PLACE DEVELOPMENT LOCATED 900 SOUTH PALM CANYON DRIVE (CASE NO. 20-002). (AP) Assistant Planner Perez provided an overview on the proposed signage as outlined in the staff report. 5 Planning Commission Minutes May 13, 2020 City of Palm Springs Commissioner Hirschbein commented that the Vibe Development has only one sign on Baristo Road and none on Farrell Drive and Tahquitz Canyon Way. He spoke in opposition of the exterior signage and thinks they are excessive on the public right-of-way. Commissioner Donenfeld said they are entering an economy and real estate sales market that is uncertain. He's in favor of giving the developer, within reason, what he thinks he needs to sell these houses. Commissioner Lewin thinks there is sufficient visibility with the two monument signs (corner and entrance) and because it complies with the sign program he supports them. He noted concern with allowing the flagpoles because it may take 10 years to sell all the houses. He agreed with following the AAC recommendations and eliminating the flagpoles altogether or possibly only accept the two interior ones. Commissioner Ervin does not think the flagpoles will be visible on Palm Canyon because the palm trees are lined up along Palm Canyon. Commissioner Song made a motion to accept the project with the reduction of the flagpoles. She thinks architecturally there's a balance between market and design and with the reduction of flagpoles she thinks it a good balance. Vice Chair Moruzzi resides nearby and said this property has been a blight for a long time. He thinks anything that can be done to help finish this project, he is in support. Song, seconded by Donenfeld to approve, as presented. AYES: DONENFELD, ERVIN, SONG, MORUZZI, WEREMIUK NOES: HIRSCHBEIN, LEWIN 4B. GIAMPIERO AND SUE CAPELLI, OWNERS FOR A MAJOR ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A 3,878- SQUARE FOOT SINGLE-FAMILY HOUSE ON A HILLSIDE LOT LOCATED AT 2381 VISTA PALIZADA DRIVE, ZONE ESA-SP PLANNING AREA 4, LOT 43, DESERT PALISADES SPECIFIC PLAN, SECTION 3 (CASE 3.4158 MAJ). (GM) Associate Planner Mlaker provided an overview on the proposed hillside house as outlined in the staff report. Lewin, seconded by Song to approve, as presented. AYES: DONENFELD, ERVIN, HIRSCHBEIN, LEWIN, SONG, MORUZZI, WEREMIUK 5. DISCUSSION: 5A. DISCUSSION OF THE OVERLAY ZONE. (FF) Planning Commission Minutes May 13, 2020 City of Palm Springs ESTABLISHMENT OF A FOOD DESERT Planning Director Fagg provided background details on the food desert overlay zone as outlined in the staff memorandum. Commissioner Song questioned if an incentive could be considered for an existing building versus brand new construction- (yes). Commissioner Hirschbein suggested parking and setbacks as incentives. Chair Weremiuk suggested building envelope- grocery stores tend to have a set of footprint and having some flexibility to allow them to use so they don't have to redesign the project. Commissioner Lewin thanked the Planning Director for a great job in identifying the criteria for a food desert. He noted that there's one part he would not support and directed the Commission to page 5 for their input relating to the incentive to eliminate the need for additional application types. He thinks if the entity has the resources to propose a gas station they have the funds to pay for the CUP and bring them forward for the Commission's review. He pointed out that gas stations often come with car washes and automotive services. The Commission was in overall agreement of the food desert criteria. Commissioners Hirschbein, Ervin and Song concurred that staff is qualified to review a gas station and consider adjacent uses. Planning Director Fagg noted that a public hearing would be held to allow residents to provide comments. Discussion was made on streamlining the review process and modifying development standards. A subcommittee was formed consisting of: Doug Donenfeld, Charlie Ervin and Maria Song Direction was provided to staff. No action was taken. PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: • AAC Meeting will be held on May 18t" via Zoom. CITY COUNCIL LIAISON REPORT: None. Planning Commission Minutes May 13, 2020 City of Palm Springs PLANNING DIRECTOR'S REPORT: • Next Planning Commission meeting will be held on June 10th via zoom. • General Plan Update Survey ADJOURNMENT: The Planning Commission adjourned at 9:12 pm to 5:30 pm, Wednesday, June 10, 2020, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way. - i7p:-" FPinnagg, AIC Director of Planning Services